BHAI BHAI SANGHA Vs. RINA RANI PATRA

JUDGEMENT

(1.) The instant revisional application under Article 227 of the Constitution of India is directed against order dated 29.04.2005 passed by Sri A. K. Naiya , learned Civil Judge (Junior Division) 5th Court, Alipore, in Title Suit No.280 of 2003. By the impugned order learned Trial Court rejected the petition filed by the present petitioner under Section 10 of Code of Civil Procedure praying for stay of all further proceedings of Title Suit No.280 of 2003 filed by the present O.P. No.1 as plaintiff against present petitioners and another.

(2.) It is a specific case of the present petitioners that the petitioner club on or about 17.08.2000 entered into an unregistered agreement with O.P. No.2 Bishnupada Saha for purchasing some lands as specified in Title Suit No.210 of 2001 at a consideration of Rs.2,60,000/- and as O.P. No.2 Bishnupada Saha was found reluctant to execute a registered deed of conveyance for the said land, the present petitioner club filed a Title Suit being No.210 of 2001 against the O.P. No.2 in the Court of learned Civil Judge (Senior Division) 7th Court, Alipore for specific performance of contract and permanent injunction and that O.P. No.2 after institution of said suit of 2001 by the present petitioner club sold away the suit property to O.P. No.1 Smt. Rina Rani Patra and accordingly she was made a party in Title Suit No.210 of 2001 and later on O.P. No.1 filed a false suit being Title Suit No.280 of 2003 against present petitioner club and O.P. No.2 vendor alleging dispossession from a portion of suit property by the petitioner club by way of making some alleged illegal construction with a prayer for permanent as well as mandatory injunction together with recovery of khas possession and other reliefs.

(3.) As both the suits namely previously filed suit by the present petitioner club being Title Suit No.210 of 2001 and subsequent suit being Title Suit No.280 of 2003 filed by the O.P. No.1 related to same subject matter, the present petitioner club filed a petition under Section 10 of C.P.C. in the Court of learned Civil Judge (Junior Division), 5th Court, Alipore for stay of subsequently filed Title Suit No.280 of 2003.